In Tort Liability Law Of Strict Liability Law And Economics Analysis

Legal economics is law and economics of the organic combination of a new subject. As a new law methodology, legal economics is different from other traditional jurisprudence. It is the legal theory and the rule of law problems existed in the practice as a starting point, using economics (especially microeconomics, the new institutional economics, welfare economics, public choice theory, etc.) the theoretical knowledge of the study and analysis of legal system formation, structure, process and effect, efficiency and the future development of the subject. It's main purpose only is to "make the legal system principle appeared more clearly, not changing system of law".Legal economics is the 20th century western law philosophy, is an important genres with economic way to explain law. Specifically, the law of economics theory and analysis with the economics of the particular social method to study the legal system, and legal relationship and the efficiency of different legal rules, the formation of the law, the legal analysis of the framework and legal operation and law and legal system generated by economic impact. Legal economics people to own benefit maximization hypothesis by constructing the premise, we cost benefit analysis model, - concluded: a rational person under the economics of choice and the rule of law is the actor behavior choice identity. We are sure that the rule of law under the restriction of behavior choice and efficiency under the action of behavior choice with the same mechanism. So, just to build up the economic analysis of channel legal field.Economic analysis, must be in specific legal department for research object. Therefore, the law of economics analysis method is natural to a department for research object. Our tort liability law just enacted, construct and perfect our tort liability system should use legal economics analysis tools. The traditional legal studies, think tort law are later remedy mechanism, its main purpose is to punish the infringer and compensation victims losses; But a legal economics analysis is think tort is prevention standards, namely the assumptions in rational people, through the role of incentive mechanism, best accident in order to realize its society to avoid square, often cost minimization internalization of the cost and benefits. So they have the power to take effective measures to prevent accidents. Therefore, the law of economics that the role of tort law in advance more reflect on the prevention of accidents, namely the best avoid fang actively avoids accidents is the major aspects. And whatever the methodology analysis legal issues, we will draw the same results - this is this essay expounds the main aspects.Legal economics is a new law methodology. This method provides us with an analysis of structure, legal problems for our analysis offers a new idea. As long as we don't put economics as the only evaluation principles to misuse, but rationally use, will for our jurisprudence channeled a new channel.